the owner in the car with a excluded driver

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: May 3, 2012

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Insurance Question from Atlanta, GA

Asked on 05/03/2012

the owner in the car with a excluded driver my vehicles was parked and hit along with a school bus and another vehicle. Come to find out the driver was a excluded driver but the owner of the vehicle was in the car with the excluded driver the insurance company saying that they cant pay for damages because he was excluded but with the owner in the car does that amount to any thing. The owner knows this person has no license but she allows him to drive all the time what can i do because my truck ins had lasped that morning but my car insurance was good i feel that i shouldnt have to pay for something that wasnt caused by me.

Answer given on May 03, 2012

When an auto insurance company has an exclusion for a driver, usually the driver and the policyowner have to sign acknowledging that they understand the person is not covered if there is an accident. This is usually accepted by the courts so if the driver was excluded then there is no insurance coverage from the other insurance company.If your insurance had lapsed, then you have no recourse to go through your insurance company to have them pay for your damages and then have them subrogate against the other driver or car owner.Your only alterntative at this time is to go to court and file a claim against the other car owner and/or the driver. You should be able to go to small claims court, depending upon the amount of damages and the limits of your state’s small claims limitations. If you can prove that the owner of the car has allowed the unlicensed driver to use the car there could be some legal issues or the police could get involved in this issue.

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